NEED FOR LEGAL FRAMEWORK FOR CLIMATE REFUGEES

Author: Palak Vanshkar, Amity University Madhya Pradesh.

“Society is measured by how it treats its most vulnerable”. We need to take every measure- as policymakers, corporations and individuals - to fight climate change and protect those that are the first to be impacted by its effects. 

Climate change is a worldwide issue displacing millions of people, yet there is no legal framework to protect those who have been forced to flee due to environmental disasters. Currently there is no international law that recognizes climate refugees including the 1951 Refugee convention, leaving them with no rights and protection. There is a gap in international law which is creating challenges in granting asylum, providing humanitarian aid and ensuring human rights. Before it is too late there is an urgent need for a dedicated legal framework to address climate- induced displacement, define climate refugees, and establish binding obligations for nations. This article is written for a comprehensive legal system that includes climate migrants into international and national policies, ensuring justice and security for those affected.

KEYWORDS

Climate change, migrants, refugees, legal framework, legal recognition, sea level rise, environment, displacement, millions of people, rights, protection, celebration, fossil fuel and world convention day.

World refugee day is celebrated every year on 20th June organized by the United Nations. The day is designed to respect and honour the refugees from all around the world, the day was first celebrated on June 20th 2001 on the 50th anniversary of the 1951 Convention Relating to status of the refugees. Every year this event aims to recognize the strength of the refugees and respect them for their sacrifice and respect the struggle they have been through. This day emphasizes the rich diversity all over the world.

The change which take place due to the long term shift in temperature or weather pattern is known as climate change can be natural or manmade such as volcanic eruptions and increase in the temperature due to burning of fossil fuels respectively but now in recent times the change in climate is due to humans activities like burning of fossil fuels and melting of glaciers. When coal, oil etc are burned by humans for energy, they release a large amount of carbon dioxide {CO2} and other greenhouse gases into the atmosphere. Ice glaciers are melting rapidly over the past few decades, and this is leading to rise in sea level and significant change in weather patterns. And all this and many more reasons contribute to stronger storms, prolonged, flood, wildfires, tsunami and extreme heat waves.

The people who migrate from one place to another because of climate change are known as climate refugees. Despite the plight, climate refugees are not even recognized under any law, the people who are refugees are vulnerable and left without legal protection. 

Climate - induced migration is caused by various environmental factors. Unlike the traditional migration that happens due to economic or political reasons, climate refugees are left with no choice but to leave and find other places to live.

There are following reason which contribute to displacement such as –

1. Rising sea level 

 One of the most plight treat is rise sea level, which affect the coastal communities worldwide. The most vulnerable nations are in more danger, some examples are Maldives, Tuvalu, and Kiribati. The population of these Nations are at high risk of being displaced by encroaching seawater. According to the report of the international governmental panel on climate change {IPCC], global sea level could be at risk by up to one meter by 21, submerging entire communities. 

2. Extreme weather events 

Climate change has increased the frequency and severity of extreme weather events such as          hurricanes, typhoons, floods, and cyclones. 

A} Hurricane Katrina [2005] – In the U.S over 1 million people were displaced from their hometown.

B} Super typhoon haiyan [2013]- In the Philippines over a million people were displaced from their hometown.  

C} The Pakistan floods [2022]- In pakistan over 33 million people were displaced due to flood from their hometown.

 3. Drought and desertification 

Drought  has a destructive effect on agriculture dependent communities. Countries like Somalia, Ethiopia and Sudan face recurrent drought that deplete food and water resources. 

A} In the Sahel region of Africa people are forced to migrate because the region is facing desertification.

B} Million of people are displaced as there was a civil war which led due to the prolonged drought from 2005 to 2010. 

 As the drought is becoming more frequent this may lead to food insecurity and forced migration will worsen. 

4. Wildfires

 Due to the rise in temperature this will lead to wildfires and will eventually lead to destroying homes and ecosystems. 

A} In Australia during 2019 there was a bushfire which burned over 18 million hectares, displacing thousands. 

B} Thousands of residents were forced to relocate as there was a destructive wildfire.

Wildfires are a growing threat of climate- induced displacement. 

1.  Loss of livelihood- Climate change destroys the source of income as it disrupts agriculture, fishing, etc and it eventually forces them to leave their home. 

Example – Isabella who lives in Mozambique was victim of Cyclone ladai and suffered a huge loss, in the cyclone and her hometown was hit by cyclone in 2019 and due to this she had to leave her hometown and start a new life there which is quite difficult. 

2.  Lack of legal recognition- There is no legal framework for climate refugees leaving them with no protection and asylum.

3.  Health Risks- Refugees are facing many health problems from shifting to a new country to living there and adapting to a new environment. 

4.  Barriers to Education and Employment- Young children are facing problems to get education and adults are struggling to find jobs as it is difficult to adapt to the new economic environment. 

5. Discrimination- Discrimination against refugees is one of the problems because they are migrated. 

6. Resettlement- When climate refugees relocate they face various challenges and one of them is adapting to the new environment. 

1. What is legal recognition and how it helps climate change refugees 

Legal recognition means officially or legally acknowledging their existence or their status as they are people who are displaced from their hometown because of climate change which is a universal problem and it generally happens due to the development of the general people.

It would play a significant role in helping them by providing Special protection and granting them special rights under international law which would help them in growth and make them feel they belong. 

2. 1951 Refugee convention 

This is a convention related to the status of refugees and it is also known as Geneva Convention of 28 July 1951 or the 1951 Refugee Convention. The 1951 refugee convention was signed on 28 July 1951 at Geneva, Switzerland and came on effect on 22 April 1954  .This is a treaty by United Nations and in this there is a brief knowledge of who are refugee and right of individual who have been migrate as an refugee .This Convention also define who will not be recognized as refugee such as war criminals and this convention also provide some relief as this allow them to free travel to the refugees who have refugee travel documents issued under the convention.

The 1951 refugee Convention defines a person as a refugee when they have been forced to leave their country [home town] and are not allowed to return. And the reason they are being forced to move from one country to another is based on their race, religion, nationality, political opinion, or social group. Although this convention aims to protect the right of refugees but did not consider one of the main reason would be climate change as climate change can drastically affect someone life and make it hard to live at their home country where they belong.

3. Case law – “ioane Teitiota v. The Chief Executive of the Ministry of Business, Innovation and Employment”

A Kiribati citizen appealed the denial of refugee status in the New Zealand High Court. The appellant argued that the effects of climate change on Kiribati, namely rising ocean levels and environmental degradation, are forcing citizens off the island. The High Court found that the impacts of climate change on Kiribati did not qualify the appellant for refugee status because the applicant was not subjected to persecution required for the 1951 United Nations Convention relating to the Status of Refugees. In addition to finding a lack of serious harm or serious violation of human rights were the appellant to return to Kiribati, the court also expressed concern about expanding the scope of the Refugee Convention and opening the door to millions of people who face hardship due to climate change.

The applicant appealed the decision to the Court of Appeals. In dismissing the application, the Court of Appeals noted the gravity of climate change but stated that the Refugee Convention did not appropriately address the issue. The applicant again appealed, this time before the Supreme Court of New Zealand. The Supreme Court affirmed the lower courts’ conclusions, finding that the applicant did not qualify as a refugee under international human rights law. The Court noted, however, that its decision does not rule out the possibility “that environmental degradation resulting from climate change or other natural disasters could [] create a pathway into the Refugee Convention or protected person jurisdiction.”

4. Climate migrants protection and Rehabilitation[ Bill 2022] 

 This is proposed by the Indian legislature aiming to establish law for the protection of  the migrants who have been displaced by climate change, specially those who have been affected by the rising sea level , melting of glaciers, wildfire  and extreme weather events.

The prominent study was conducted on Bangladesh because of the increasing rate of climate caused migrants due to the rising sea level and the migrants are particularly from coastal areas like Sundarbans making it hard to stay near coastal areas due to floods. Bangladesh is considered as one of the most vulnerable regions globally. Due to the rising sea level this is resulting in a large number of climate refugees.

Key points about the Bangladesh case study:

1. Impact of rising sea level-

The most vulnerable region for flood is the coastal region and in Bangladesh the coastal region is at high risk due to rising sea level. 

2. Disruption of livelihood- 

The people of Bangladesh are highly dependent on fishing and agriculture economic activities , which is significantly affected by flood due to rising sea level and because of this most people are forced to abandon their traditional livelihoods.  

The largest country in South America is Brazil by both land and population, and the population of Brazil is 215 million of which 12 percent of them live in rural areas. The country is experiencing extreme weather events, particularly flood, storm, wildfire and drought. Brazil is exposed to climate disaster, ranking 27 out of 180 countries in the global climate risk index of 2021.The coastal region of Brazil is most vulnerable to extreme weather events.

In 2019, over 10 million people were impacted by wildfire with an increasing rate of 30 percent compared to 2018 and was linked closely with the rise in deforestation. In 2022, there was the highest number of internal displacement within America and Brazil was ranked one of the top Countries for major displacement.

Key points about the Bangladesh case study:

Poverty rate – A large number of Brazilians are at high risk of falling into extreme poverty due to climate.

Greenhouse gases- Brazil is one of the countries who emit the most greenhouse gases overall, and among the most emissions per person. 

Fossil fuels- One of the reasons for climate change is burning of fossil fuel. 

Deforestation- Due to the excessive deforestation, Brazil could reach a point that there would not be enough rainfall to support the ecosystem.

There are plenty of articles, papers and videos made on this topic as it is a highly relevant topic in the current day. Whether the international law protects the rights of climate refugees or not, the only reason for the increasing rate of climate refugees is climate change at global level. The concern for climate refugees is all over the world and everyone is raising a voice for a legal framework for climate affected refugees .There are few articles addressing the need for a legal framework for climate refugees, particularly the need for law under Indian law.

To understand the necessity of a legal framework for climate change refugees, this article consists of the need for climate refugee law at international level, challenges faced by refugees, understanding the reason for climate displacement and case studies. This is a multi-method approach ensuring comprehensive understanding issues of legal security, rights and real world case studies to explain the urgent need for a legal framework for climate change refugees.

Legal recognition not only for climate refugees but for everyone no matter if the person is a refugee, the only thing that matters is a person is being identified and it is only possible if there is legal framework or legal recognition for a person. The need for legal recognition for climate change refugee is highly critical due to the significant increase in displacement caused by extreme weather event, rising sea levels, and environmental degradation. Here is key conclusion:

1. Legal gap in international law 

Currently there is no law that recognizes climate refugees at international level, particularly the 1951 Refugee Convention, which does not recognize climate change as refugees for their basic status, leaving displaced persons without legal protection.

2. Growing Humanitarian Crisis 

There are millions of people who are at high risk of getting displaced due to climate change. Particularly those who stay in low –lying inland nations and vulnerable coastal  regions.  A legal law is essential to address their basic rights and for their resettlement. 

3. State Responsibility and Global Cooperation 

Since climate change is a global issue, there should be law at international level. Most developed nations, which contribute to improving climate change, have a moral and some sort of legal responsibility to assist the affected one.

4. Human rights and Security considerations

The basic human rights should be provided to refugees and the rights are to have food, shelter, freedom, security and the most important is to have equality. 

5. Proactive policy development

The government and international organization should establish laws for migrants, including temporary protection measures and planned relocation that would prevent forced displacement crises. 

1. https://en.m.wikipedia.org/wiki/World_Refugee_Day,  February 27, 2025.

2.https://en.m.wikipedia.org/wiki/Convention_Relating_to_the_Status_of_Refugees,  February 28, 2025.

3. https://www.unhcr.org/about-unhcr/overview/1951-refugee-convention, February 28, 2025.

4.https://www.unrefugees.org/news/how-climate-change-impacts-refugees-and-displaced-communities/, February 28, 2025.

5. https://belonging.berkeley.edu/climatedisplacement/case-studies/brazil, March 1, 2025.

6.https://www.zurich.com/media/magazine/2022/there-could-be-1-2-billion-climate-refugees-by-2050-here-s-what-you-need-to-know,  March4, 2025.

7. https://climatecasechart.com/non-us-case/ioane-teitiota-v-the-chief-executive-of-the-ministry-of-business-innovation-and-employment/,  March5, 2025.